BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY & ANR. v. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED & ORS.

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A State of Karnataka and thereby setting aside the impugned judgment of the High Court with liberty to the Project Proponents to first approach the State (under Article 7 of the FWA) for its prior permission to allow them to deviate from the stipulations and specifications in the FWA and the PTR. Upon consideration of such proposal, the competent authority of the State may take appropriate decision in the matter and if need be, obtain prior opinion of the Empowered Committee. However, this process must be completed in right earnest and no later than six months from the date of submission of the proposal to the competent authority of the State. If the decision is adverse to the Project Proponents, it would be open to them to take recourse to the disputes resolution mechanism in terms of Article 18 of the FWA, if so advised. Only after prior permission is granted by the State regarding the proposed deviations, the Project Proponents may then apply to the Planning Authority for permission to construct buildings/structures as per the applicable town planning regulations, which be considered on its own merits in accordance with law uninfluenced by its earlier communication dated 7.2.2015.

68Copy pinpoint68. We leave all other contentions available to concerned parties open to be considered by the concerned forum/Court on their own merits in accordance with law.

69Copy pinpoint69. Accordingly, the impugned judgment and order is quashed and set aside and the stated writ petitions filed by the Project Proponents stand dismissed with liberty to the Project Proponents, as aforesaid. The appeals are allowed in the above terms. There shall be no order as to costs. Pending interlocutory applications, if any, shall stand disposed of.

F Divya Pandey Appeals allowed.